Daily waged workers entitled to work-charged status after 8 years continuous service (240 days/year); notional benefits include pay fixation and annual increments without past arrears.

JUDGMENT :
Ranjan Sharma, Judge

Petitioner, Ramender Singh, a daily waged peon, who had initially filed CWP No. 4091 of 2012, which was transferred to Learned State Administrative Tribunal and has now been transferred to this Court as CWPOA No. 798 of 2019, has prayed for the following reliefs:-

(i) that the writ in the nature of mandamus may kindly be issued directing the respondents to give/allow work charge status to the petitioner on completing his 8 years of his continuous service w.e.f. 01.01.2003.

(ii). That the respondents may be directed to pay all the consequential benefits/arrears to the petitioner in a time bound manner alongwith prevailing rate of interest from time to time.

FACTUAL MATRIX:

2. Grievance of the petitioner is that petitioner was appointed as a peon in Forest Range Office at Sarahan, Tehsil Pachhad, District Sirmour under Forest Division Rajgarh, District Sirmour on 01.10.1991 on daily wage basis. His services were discontinued in the month of September, 1994 against which he filed Original Application No. 3281 of 1994 wherein directions were issued to reengage the petitioner at the same place or in the vicinity where job was available and accordingly, the petitioner was re-engaged on the basis of the orders dated 23.12.1994 [Annexure P-1]. It is averred that after re-engagement the petitioner had rendered continuous service but his services were regularized by the respondent-department as Peon on 18.09.2007. In this background, the claim of the petitioner is for grant of work charge status from the date he completed 8 years of continuous service with 240 days commencing from 01.10.1991 w.e.f. 01.01.2003 with all consequential benefits.

STAND OF RESPONDENTS IN REPLY-AFFIDAVIT:

3. Pursuant to the issuance of notice, the State Authorities filed Reply-Affidavit dated 27.07.2012 of Conservator of Forests, Nahan Circle, Nahan, H.P. Perusal of Reply-Affidavit indicates that though the petitioner was engaged in 01.10.1991 but the petitioner did not complete 240 days from 1991 till 1994. Respondents have placed on record the Mandays Chart Annexure R-1 indicating that petitioner had rendered 240 days w.e.f. 1995 till his regularization on 18.09.2007.

3(i). Respondents have admitted in Para-1 of Reply-Affidavit, that the petitioner had rendered continuous service from 1995 to 2002 and has completed 8 years of continuous service. It is averred in Para 6 of Reply-Affidavit that once the petitioner stands regularized on 18.09.2007 therefore, the claim for work charge status upon completion of 8 years of continuous service is also not tenable with these averments prayer was made for dismissing the writ petition.

REBUTTAL BY PETITIONER:

4. Petitioner chose not to file any rebuttal to the averments contained in Reply-Affidavit.

5. Heard Mr. Varun Thakur, Learned Counsel for the petitioner and Mr. Amit Kumar Chaudhary, Learned Deputy Advocate General for the Respondents-State.

ANALYSIS:

6. Taking into account the entirety of the facts and circumstances and the material on record, the claim of the petitioner for conferment of work charge status on the basis of continuous service from 01.10.1991 w.e.f. 01.01.2003 has merit for the following reasons:

6(i). So far as the claim of the petitioner for conferment of work charge status from the date he completes 8 years of continuous service as inPara 8 and Para 11(i) of the writ petition, a perusal of the Mandays Chart [Annexure R-1], and averments in the Reply-Affidavit admits in unambiguous terms that the petitioner had rendered continuous service of 240 days in each calander year from 1995 till 2007.

6(ii). The issue as to whether the daily wagers of all Government departments are entitled for work charge status on completion of 8 years of cont